Moon v. Thompson
New York Court of Common Pleas
Appeal from a judgment of the Sixth District Court. The action was commenced by an attachment, and issue was joined on the 16th October, and the action adjourned to the 22d, on which day the defendant presented to the justice the usual undertaking (with affidavits of justification annexed), to remove the cause into the Court of Common Pleas.
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Appeal from a judgment of the Sixth District Court. The action was commenced by an attachment, and issue was joined on the 16th October, and the action adjourned to the 22d, on which day the defendant presented to the justice the usual undertaking (with affidavits of justification annexed), to remove the cause into the Court of Common Pleas. The justice declined to approve the same, and adjourned the action to the 23d, and afterward to the 24th October, to enable defendant to produce his sureties to justify. On the latter day, one of the sureties was produced, and having been sworn and…
1Opinion of the Court
By the Court.—Brady, J.
When the defendant desires to remove an action commenced in one of the District Courts *181to this court, it may be done “ upon his executing to the plaintiff an undertaking, with one or more sureties, to be approved by the justice of the court in which such action is commenced, to pay to the plaintiff the amount of any judgment that may be awarded against him ” by this court (section 3, Act of 1857; 1 Laws of 1857, p. 708). It will be observed that this law does not require in terms either an affidavit of justification, or a justification by examination before the justice.…
2Cited by1 opinion
- Wetzell v. DinsmoreNew York Court of Common Pleas · 1871